Federal Acquisition Regulation; Federal Acquisition Circular 2005-88; Introduction, 30427-30429 [2016-10995]

Download as PDF Vol. 81 Monday, No. 94 May 16, 2016 Part II Department of Defense General Services Administration National Aeronautics and Space Administration asabaliauskas on DSK3SPTVN1PROD with RULES 48 CFR Chapter 1 Federal Acquisition Regulations; Rules VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16MYR2.SGM 16MYR2 30428 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations and National Aeronautics and Space Administration (NASA). DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION ACTION: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SUMMARY: Summary presentation of final rules. 48 CFR Chapter 1 [Docket No. FAR 2016–0051, Sequence No. 2] Federal Acquisition Regulation; Federal Acquisition Circular 2005–88; Introduction Department of Defense (DoD), General Services Administration (GSA), AGENCIES: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005–88. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http:// www.regulations.gov. For effective dates see the separate documents, which follow. DATES: The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005–88 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202– 501–4755. FOR FURTHER INFORMATION CONTACT: RULES LISTED IN FAC 2005–88 Item Subject I ......................... II ........................ High Global Warming Potential Hydrofluorocarbons ............................................................... Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations. Basic Safeguarding of Contractor Information Systems .......................................................... Improvement in Design-Build Construction Process ............................................................... Technical Amendments. III ....................... IV ...................... V ....................... SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005–88 amends the FAR as follows: asabaliauskas on DSK3SPTVN1PROD with RULES Item I—High Global Warming Potential Hydrofluorocarbons (FAR Case 2014– 026) This final rule implements Executive branch policy in the President’s Climate Action Plan to procure, when feasible, alternatives to high global warming potential—hydrofluorocarbons (HFCs). The rule also requires contractors to report annually the amount of HFCs contained in equipment delivered to the Government or added or taken out of Government equipment under service contracts. This will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order 13693 on Planning for Sustainability in the Next Decade. This rule applies to small entities because about threequarters of the affected contractors are small businesses and precluding them would undermine the overall intent of this policy. However, to minimize the impact this rule could have on all businesses, especially small businesses, this rule only requires tracking and reporting on equipment that normally contain 50 or more pounds of HFCs. In VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 FAR case addition, this rule does not impose a labeling requirement for products that contain or are manufactured with HFCs, unlike the labeling requirement that is required by statute for ozone-depleting substances. Item II—Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations (FAR Case 2015–020) This final rule amends the FAR to implement 41 U.S.C. 153, which establishes a higher simplified acquisition threshold (SAT) for overseas acquisitions in support of humanitarian or peacekeeping operations. When FAR Case 2003–022 was published as a rule in 2004, the definition for SAT at FAR 2.101 was changed, but the drafters of the rule also inadvertently deleted the reference to overseas humanitarian or peacekeeping missions and the requisite doubling of the SAT in those circumstances. This rule reinstates the increased SAT for overseas acquisitions for peacekeeping or humanitarian operations. Accordingly, this rule provides contracting officers with more flexibility when contracting in support of overseas humanitarian or peacekeeping operations. This final rule does not place any new requirements on small entities. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Analyst 2014–026 2015–020 Gray. Francis. 2011–020 2015–018 Davis. Glover. Item III—Basic Safeguarding of Contractor Information Systems (FAR Case 2011–020) This final rule amends the FAR to add a new FAR subpart 4.19 and contract clause 52.204–21 for the basic safeguarding of covered contractor information systems, i.e., that process, store, or transmit Federal contract information. The clause does not relieve the contractor of any other specific safeguarding requirement specified by Federal agencies and departments as it relates to covered contractor information systems generally or other Federal requirements for safeguarding controlled unclassified information (CUI) as established by Executive Order 13556. Systems that contain classified information, or CUI such as personally identifiable information, require more than the basic level of protection. This rule will not have a significant economic impact on contractors (including small business concerns) or the Government. Item IV—Improvement in Design-Build Construction Process (FAR Case 2015– 018) This final rule revises the FAR to implement section 814 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015. When a two-phase designbuild construction acquisition is valued at greater than $4 million, section 814 requires the head of the contracting E:\FR\FM\16MYR2.SGM 16MYR2 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations activity to approve a contracting officer determination to select more than five offerors to submit phase-two proposals. The approval level is delegable no lower than the senior contracting official within the contracting activity. This rule change does not place any new requirements on small entities. Item V—Technical Amendments Editorial changes are made at FAR 1.106. Dated: May 5, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2005–88 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005–88 is effective May 16, 2016 except for items I, II, III, and IV, which are effective June 15, 2016. Dated: May 4, 2016. Claire M. Grady, Director, Defense Procurement and Acquisition Policy. Dated: May 5, 2016. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: April 28, 2016. William P. McNally, Assistant Administrator, Office of Procurement National Aeronautics and Space Administration. [FR Doc. 2016–10995 Filed 5–13–16; 8:45 am] DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 2, 7, 11, 23, 25, and 52 [FAC 2005–88; FAR Case 2014–026; Item I; Docket No. 2014–0026; Sequence 1] asabaliauskas on DSK3SPTVN1PROD with RULES RIN 9000–AM87 Federal Acquisition Regulation: High Global Warming Potential Hydrofluorocarbons Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 Final rule. DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive branch policy in the President’s Climate Action Plan to procure, when feasible, alternatives to high global warming potential (GWP) hydrofluorocarbons (HFCs). This final rule will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order on Planning for Sustainability in the Next Decade. DATES: Effective: June 15, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, at 703–795–6328, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite FAC 2005– 88, FAR Case 2014–026. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published a proposed rule at 80 FR 26883, on May 11, 2015, to implement Executive branch policy in the President’s Climate Action Plan to procure, when feasible, alternatives to high GWP HFCs. This final rule will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order 13693, Planning for Federal Sustainability in the Next Decade, of March 25, 2015. Sixteen respondents submitted comments on the proposed rule. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows: BILLING CODE 6820–EP–P AGENCY: ACTION: A. Summary of Significant Changes From the Proposed Rule In response to public comments received, the final rule contains the following changes from the proposed rule: • Clarified the definition of ‘‘high global warming potential hydrofluorocarbons’’ to make it specific to a particular end use. • Included the use of reclaimed HFCs as products that minimize or eliminate the use, release, or emission of high GWP HFCs. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 30429 • Clarified that the clause prescription exception is for supplies that will be delivered outside the United States and its outlying areas as well as for contracts for services performed outside the United States and its outlying areas. • Added in the clauses at 52.223–20 and 52.223–21 environmental, technical, and economic factors to consider when determining feasibility. B. Analysis of Public Comments 1. General a. Support the Objectives of the Rule Comments: Many of the respondents expressed specific support for the objectives of the rule. Several respondents applauded DoD, GSA, and NASA in proposing that Federal agencies procure, when feasible, alternatives to high-GWP HFC refrigerants. Other respondents stated that the proposed rule is a step in the right direction and could have considerable impact on reducing the Government’s greenhouse gas emissions and helping Federal agencies and departments meet several Executive actions and orders pertaining to HFCs. Response: Noted. b. Oppose the Objectives of the Rule Comment: One respondent believed that global warming is a farce and that the Government should not be allowed to acquire anything because of global warming. Response: The FAR Council is responsible for the implementation of the Executive orders and policies of the Administration. DoD, NASA, and GSA have prepared this rule to implement and facilitate compliance with Executive Order 13693, Planning for Sustainability in the Next Decade, and the President’s Climate Action Plan. 2. Definition of ‘‘high global warming potential hydrofluorocarbons’’ Various respondents commented on the definition of ‘‘high global warming potential hydrofluorocarbons.’’ One of these respondents questioned whether the identification of a lower GWP HFC alternative pursuant to the SNAP program meant that the Government would be required to use the alternative. Response: The Councils have further clarified in the final rule that the term ‘‘high global warming potential hydrofluorocarbons’’ means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives E:\FR\FM\16MYR2.SGM 16MYR2

Agencies

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30427-30429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10995]



[[Page 30427]]

Vol. 81

Monday,

No. 94

May 16, 2016

Part II





Department of Defense





General Services Administration





National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Rules

Federal Register / Vol. 81 , No. 94 / Monday, May 16, 2016 / Rules 
and Regulations

[[Page 30428]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2016-0051, Sequence No. 2]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-88; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.

-----------------------------------------------------------------------

SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2005-88. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at http://www.regulations.gov.

DATES: For effective dates see the separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to the FAR case. Please cite FAC 2005-88 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755.

                                           Rules Listed in FAC 2005-88
----------------------------------------------------------------------------------------------------------------
               Item                           Subject               FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
I................................  High Global Warming                 2014-026  Gray.
                                    Potential
                                    Hydrofluorocarbons.
II...............................  Simplified Acquisition              2015-020  Francis.
                                    Threshold for Overseas
                                    Acquisitions in Support of
                                    Humanitarian or
                                    Peacekeeping Operations.
III..............................  Basic Safeguarding of               2011-020  Davis.
                                    Contractor Information
                                    Systems.
IV...............................  Improvement in Design-Build         2015-018  Glover.
                                    Construction Process.
V................................  Technical Amendments.
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these rules, refer to the 
specific item numbers and subjects set forth in the documents following 
these item summaries. FAC 2005-88 amends the FAR as follows:

Item I--High Global Warming Potential Hydrofluorocarbons (FAR Case 
2014-026)

    This final rule implements Executive branch policy in the 
President's Climate Action Plan to procure, when feasible, alternatives 
to high global warming potential--hydrofluorocarbons (HFCs). The rule 
also requires contractors to report annually the amount of HFCs 
contained in equipment delivered to the Government or added or taken 
out of Government equipment under service contracts. This will allow 
agencies to better meet the greenhouse gas emission reduction goals and 
reporting requirements of the Executive Order 13693 on Planning for 
Sustainability in the Next Decade. This rule applies to small entities 
because about three-quarters of the affected contractors are small 
businesses and precluding them would undermine the overall intent of 
this policy. However, to minimize the impact this rule could have on 
all businesses, especially small businesses, this rule only requires 
tracking and reporting on equipment that normally contain 50 or more 
pounds of HFCs. In addition, this rule does not impose a labeling 
requirement for products that contain or are manufactured with HFCs, 
unlike the labeling requirement that is required by statute for ozone-
depleting substances.

Item II--Simplified Acquisition Threshold for Overseas Acquisitions in 
Support of Humanitarian or Peacekeeping Operations (FAR Case 2015-020)

    This final rule amends the FAR to implement 41 U.S.C. 153, which 
establishes a higher simplified acquisition threshold (SAT) for 
overseas acquisitions in support of humanitarian or peacekeeping 
operations. When FAR Case 2003-022 was published as a rule in 2004, the 
definition for SAT at FAR 2.101 was changed, but the drafters of the 
rule also inadvertently deleted the reference to overseas humanitarian 
or peacekeeping missions and the requisite doubling of the SAT in those 
circumstances. This rule reinstates the increased SAT for overseas 
acquisitions for peacekeeping or humanitarian operations. Accordingly, 
this rule provides contracting officers with more flexibility when 
contracting in support of overseas humanitarian or peacekeeping 
operations. This final rule does not place any new requirements on 
small entities.

Item III--Basic Safeguarding of Contractor Information Systems (FAR 
Case 2011-020)

    This final rule amends the FAR to add a new FAR subpart 4.19 and 
contract clause 52.204-21 for the basic safeguarding of covered 
contractor information systems, i.e., that process, store, or transmit 
Federal contract information. The clause does not relieve the 
contractor of any other specific safeguarding requirement specified by 
Federal agencies and departments as it relates to covered contractor 
information systems generally or other Federal requirements for 
safeguarding controlled unclassified information (CUI) as established 
by Executive Order 13556. Systems that contain classified information, 
or CUI such as personally identifiable information, require more than 
the basic level of protection. This rule will not have a significant 
economic impact on contractors (including small business concerns) or 
the Government.

Item IV--Improvement in Design-Build Construction Process (FAR Case 
2015-018)

    This final rule revises the FAR to implement section 814 of the 
Carl Levin and Howard P. `Buck' McKeon National Defense Authorization 
Act for Fiscal Year 2015. When a two-phase design-build construction 
acquisition is valued at greater than $4 million, section 814 requires 
the head of the contracting

[[Page 30429]]

activity to approve a contracting officer determination to select more 
than five offerors to submit phase-two proposals. The approval level is 
delegable no lower than the senior contracting official within the 
contracting activity. This rule change does not place any new 
requirements on small entities.

Item V--Technical Amendments

    Editorial changes are made at FAR 1.106.

    Dated: May 5, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2005-88 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-88 is 
effective May 16, 2016 except for items I, II, III, and IV, which are 
effective June 15, 2016.

    Dated: May 4, 2016.

Claire M. Grady,

Director, Defense Procurement and Acquisition Policy.

    Dated: May 5, 2016.

Jeffrey A. Koses,

Senior Procurement Executive/Deputy CAO, Office of Acquisition 
Policy, U.S. General Services Administration.

    Dated: April 28, 2016.

William P. McNally,

Assistant Administrator, Office of Procurement National Aeronautics 
and Space Administration.

[FR Doc. 2016-10995 Filed 5-13-16; 8:45 am]
BILLING CODE 6820-EP-P